Agenda and draft minutes

Apologies for absence were received from Cllrs J Davies, Reilly and Sleep.

To confirm the minutes of the meeting held on 14 January 2026 as a correct record.

RESOLVED:

That the minutes of the meeting held on 14 January 2026 be agreed as a correct record and signed by the Chairman.

To note any declarations of interest made by members in connection with an agenda item.  The nature of the interest must also be specified.

Members are asked to discuss any possible interests with Democratic Services prior to the meeting.

Cllr Frampton declared a non-pecuniary interest in application 25/10891 as the local ward member.   He reported that he had not expressed a view in relation to the application and therefore concluded there were no grounds under common law to prevent him from remaining in the meeting to speak and to vote.

Cllr Hawkins declared a non-pecuniary interest in application 25/10398 as the local ward member.  He reported that he had not expressed a view in relation to the application and therefore concluded there were no grounds under common law to prevent him from remaining in the meeting to speak and to vote.

Cllr Hartmann declared a non-pecuniary interest in applications 25/10970, 25/10971 and 25/10972 as the local ward member and as a member of Fawley Parish Council, which had commented on the application.  He reported that he had not expressed a view on the application, and therefore concluded there were no grounds under common law to prevent him from remaining in the meeting to speak and to vote.

To determine the applications set out below:

Alterations to existing garage to facilitate a change of use to form a convenience store. Retain first floor C3 use.

RECOMMENDED:

Grant subject to conditions.

Details:

Alterations to existing garage to facilitate a change of use to form a convenience store. Retain first floor C3 use.

Public Participants:

Chris Miell, Pure Town Planning (Agent)

Dr Stephen Stotesbury (Objector)

Jennifer Hume (Objector)

Cllr Bernard Bennett, Milford on Sea Parish Council

Comment:

Cllr Hawkins declared a non-pecuniary interest as the local ward member.  He reported that he had not expressed a view in relation to the application and therefore concluded there were no grounds under common law to prevent him from remaining in the meeting to speak and to vote.

The Case Officer referred Members to the written update note which had been published prior to the meeting.

Decision:

Grant subject to conditions as set out in the report.

Conditions/Reasons:

As set out in the report.

Variation of Condition 1 of Planning Permission 24/11096 to extend the mixed use of land for haulage and B8 storage until 31^st December 2027.

RECOMMENDED:

Grant Temporary Permission.

Details:

Variation of Condition 1 of Planning Permission 24/11096 to extend the mixed use of land for haulage and B8 storage until 31^st December 2027.

Public Participants:

Stephanie Weeks, Carter Jonas (Agent)

Ian Ayres, Transport Consultant (present to answer questions only)

Seb Patrick, Land Agent (present to answer questions only)

Cllr Alan Alvey, Ward Member

The public participants reported that their representation was applicable to all three applications on the agenda, namely, 25/10970, 25/10971 and 25/10972 and that they would only speak once.

Comment:

Cllr Hartmann declared a non-pecuniary interest as the local ward member and as a member of Fawley Parish Council, which had commented on the application.  He reported that he had not expressed a view on the application and concluded there were no grounds under common law to prevent him from remaining in the meeting to speak and to vote.

Members were referred to the written update note, published prior to the meeting. 

Members at the meeting noted that temporary permissions had already been granted for a number of years and that the proposed haulage and storage use on the site was contrary to Policy Strategic Site 4 of the Local Plan.  It was recognised that longer- term proposals for the wider power station site were being developed and members felt that temporary permission should only be approved until 31 December 2026.  The Planning Committee expressed the view that the long-term proposals should be brought forward at the earliest opportunity and considered a one-year extension to the temporary permission to be sufficient for an application to be submitted.

Decision:

Grant Temporary Permission (see note below)

Conditions/Reasons:

As set out in the report, written update note and with an amendment to condition 1 to grant temporary permission to 31 December 2026, rather than 31 December 2027.

Variation of Condition 1 of Planning Permission 24/10861 to extend the use for storage and distribution (Use Class B8) until 31^st December 2027.

RECOMMENDED:

Grant Temporary Permission.

Details:

Variation of Condition 1 of Planning Permission 24/10861 to extend the use for storage and distribution (Use Class B8).

Public Participants:

Stephanie Weeks, Carter Jonas (Agent)

Ian Ayres, Transport Consultant (present to answer questions only)

Seb Patrick, Land Agent (present to answer questions only)

Cllr Alan Alvey, Ward Member

The public participants reported that their representation was applicable to all three applications on the agenda, namely, 25/10970, 25/10971 and 25/10972 and that they would only speak once.

Comment:

Cllr Hartmann declared a non-pecuniary interest as the local ward member and as a member of Fawley Parish Council, which had commented on the application.  He reported that he had not expressed a view on the application and concluded there were no grounds under common law to prevent him from remaining in the meeting to speak and to vote.

Members were referred to the written update note which had been published prior to the meeting. 

Members at the meeting noted that temporary permissions had already been granted for a number of years and that the proposed storage use on the site was contrary to Policy Strategic Site 4 of the Local Plan.  It was recognised that longer- term proposals for the wider power station site were being developed and members felt that temporary permission should only be approved until 31 December 2026.  The Planning Committee expressed the view that the long- term proposals should be brought forward at the earliest opportunity and considered a one-year extension to the temporary permission to be sufficient for an application to be submitted.

Decision:

Grant Temporary Permission (see note below)

Conditions/Reasons:

As set out in the report, written update note and with an amendment to condition 1 to grant temporary permission to 31 December 2026, rather than 31 December 2027.

Removal of condition 1 and Variation of condition 2 of Planning Permission 23/10050 to enable the approved temporary storage use to continue until 31st December 2027.

RECOMMENDED:

Grant Temporary Permission.

Details:

Removal of condition 1 and Variation of condition 2 of Planning Permission 23/10050 to enable the approved temporary storage use to continue until 31st December 2027.

Public Participants:

Stephanie Weeks, Carter Jonas (Agent)

Ian Ayres, Transport Consultant (present to answer questions only)

Seb Patrick, Land Agent (present to answer questions only)

Cllr Alan Alvey, Ward Member

The public participants reported that their representation was applicable to all three applications on the agenda, namely, 25/10970, 25/10971 and 25/10972 and that they would only speak once.

Comment:

Cllr Hartmann declared a non-pecuniary interest as the local ward member and as a member of Fawley Parish Council, which had commented on the application.  He reported that he had not expressed a view on the application and concluded there were no grounds under common law to prevent him from remaining in the meeting to speak and to vote.

Members were referred to the written update note which had been published prior to the meeting. 

Members at the meeting noted that temporary permissions had already been granted for a number of years and that the proposed storage use on the site was contrary to Policy Strategic Site 4 of the Local Plan.  It was recognised that  longer- term proposals for the wider power station site were being developed and members felt that temporary permission should only be approved until 31 December 2026.  The Planning Committee expressed the view that the long- term proposals should be brought forward at the earliest opportunity and considered a one-year extension to the temporary permission to be sufficient for an application to be submitted.

Decision:

Grant Temporary Permission (see note below)

Conditions/Reasons:

As set out in the report, written update note and with an amendment to condition 1 to grant temporary permission to 31 December 2026, rather than 31 December 2027.

The construction and operation of a Battery Energy Storage System (BESS) and associated infrastructure.

RECOMMENDED:

Delegated Authority be given to the Service Manager Development Management to GRANT PERMISSION subject to:

i)               no material comments being made following the end of advertisement period of the application as a departure to the development plan.

ii)              the imposition of the conditions set out in the report.

Details:

The construction and operation of a Battery Energy Storage System (BESS) and associated infrastructure.

Public Participants:

Clive Fagg, Clive Fagg Planning (Agent)

Comment:

Members were referred to the written update note which proposed that conditions 3 and 4 be updated. 

A further update was reported at the meeting to amend condition 16, relating to ecological enhancements and that the word, “birds” replace “reptiles” in the fifth line.

Decision:

Delegated Authority be given to the Service Manager Development Management to GRANT PERMISSION subject to:

i)               no material comments being made following the end of advertisement period of the application as a departure to the development plan.

ii)              the imposition of the conditions set out in the report, update note and reported at the meeting.

Conditions/Reasons:

As set out in the report, update note and the further update reported at the meeting.

Construction of dwelling.

RECOMMENDED:

Delegated Authority be given to the Service Manager Development Management to GRANT PERMISSION subject to:

i)               the prior completion, of a planning obligation entered into by way of a Section 106 Agreement to secure the following:

·       New Forest recreational mitigation (infrastructure and non-infrastructure), and

·       Air-quality monitoring contributions; and

ii)              The imposition of the Conditions as set out in the report and any additional / amended conditions or variation to the heads of terms as deemed necessary by the Service Manager (Development Management), having regard to the continuing Section 106 discussions to ensure consistency between the two sets of provisions:

Details:

Construction of dwelling.

Public Participants:

Robbie Miller (Applicant)

Niki Taylor (Objector)

Comment:

Cllr Frampton declared a non-pecuniary interest as the local ward member.   He reported that he had not expressed a view in relation to the application and therefore concluded there were no grounds under common law to prevent him from remaining in the meeting to speak and to vote.

Concern was raised by a Committee Member with regard to the issue of overshadowing which had been raised by the objector.  It was requested by the Committee Member that the shadow plans within the application submission be displayed to the Planning Committee as they were absent from the Case Officer presentation.  The requested shadow plan was displayed.

Whilst Members had regard to the officer recommendation, it was proposed that the application be refused as it was contrary to Policy ENV3.  This was by virtue of the siting, bulk and scale of the proposal which would cause overshadowing to the garden area of Hill View to the detriment of the amenity of this neighbouring property.  The Planning Committee also agreed an additional reason for refusal to address the absence of a completed Section 106 agreement to secure New Forest recreational mitigation and air quality monitoring contributions contrary to Policy ENV1.

Decision:

Refuse

Conditions/Reasons:

Reason 1 – Design and Harm to Neighbouring Amenity (Policy ENV3 – New Forest District Local Plan 2016–2036)

By virtue of its siting, scale and massing, the design of the proposed dwelling would give rise to an unacceptable degree of overshadowing to the garden area of the adjoining dwelling, Hill View to the detriment of the amenity of the neighbouring occupiers. The development would therefore fail to secure an appropriate standard of design and associated residential amenity for neighbouring occupiers, contrary to Policy ENV3 (Design Quality and Local Distinctiveness) of the New Forest District Local Plan 2016–2036 (Part 1).

Reason 2 – Failure to Secure Habitat Mitigation (Policy ENV1 – New Forest District Local Plan 2016–2036)

In the absence of a completed Planning Obligation, the development fails to secure the required recreational mitigation for the New Forest European Sites and the necessary air?quality monitoring contribution in accordance with the Council’s adopted Mitigation Strategy. Without this mitigation, the proposal would give rise to likely significant effects on internationally designated habitat sites. The Local Planning Authority therefore cannot be satisfied that the scheme would avoid adverse effects on site integrity, contrary to Policy ENV1 (Mitigating the Impact of Development on International Nature Conservation Sites) of the New Forest District Local Plan 2016–2036 (Part 1) and the Conservation of Habitats and Species Regulations 2017 (as amended).

Conversion of 2 flats for use as a single dwelling house; extend pitched roof over existing bathroom; single-storey rear extension; fenestration alterations; replacement porch; detached garage and workshop with storage over.

RECOMMENDED:

Grant subject to conditions.

Details:

Conversion of 2 flats for use as a single dwelling house; extend pitched roof over existing bathroom; single-storey rear extension; fenestration alterations; replacement porch; detached garage and workshop with storage over.

Public Participants:

Mr & Mrs McCrossan (Applicants) - A statement was read out on their behalf at the meeting

Bob Hull on behalf of Alec Mumford (Objector)

Comment:

The Planning Committee suggested an amendment to condition 3 regarding the finished treatment of the eastern elevation of the outbuilding in order, in order to protect the visual amenity of the area.

Decisions:

Grant subject to conditions.

Conditions/Reasons:

As set out in the report and with an amendment to condition 3.  The amended condition is as follows:

No development above damp proof course level (DPC) shall take place on the outbuilding until details of the materials and finished treatment of the eastern elevation of the outbuilding hereby permitted has first been submitted to and approved in writing by the local planning authority. The outbuilding hereby permitted shall be treated in accordance with the approved details prior to the first use of the building and shall thereafter be retained for the lifetime of the development unless otherwise agreed in writing the Local Planning Authority.

Reason: To ensure the satisfactory appearance of the development and to protect the visual amenity of the area, in accordance with Local Plan Policy ENV3.

Removal or Variation of Condition 7 of Planning Permission 22/11134 to allow the garage to be used as ancillary accommodation.

RECOMMENDED:

Grant the Variation of Condition.

Details:

Removal or Variation of Condition 7 of Planning Permission 22/11134 to allow the garage to be used as ancillary accommodation.

Public Participants:

Phoebe Milner, KPPC on behalf of Mr Baker (Applicant)

Nigel Russell (Objector)

Tim Gale (Objector)

Cllr Alan Penson, Lymington and Pennington Town Council

Cllr Jacqui England, Ward Member

Comment:

Members were referred to the written update note which had been published prior to the meeting.

Cllr Wade was not present for this item.

Decisions:

Grant subject to conditions.

Conditions/Reasons:

As set out in the report and update note.